KR HR & TRAINING NEWS ARTICLES

Recent changes to conducting checks on your employees’ eligibility to work in the UK actually make life easier for employers, following changes to the Home Office guidance.

The latest guidance published in January 2019 includes the following notable changes:

1) A short or long British birth certificate is now acceptable as proof to right to work in the UK in combination with proof of National Insurance number. Previously, employers could only rely on checking the long full birth certificate with parents’ names on, which is not automatically issued at birth. This used to mean that potential employees without passports had to request a full birth certificate from the registry office at their own expense, so this change will definitely make life easier for jobseekers and employers alike.

2) New online right to work checks using the link View a job applicant’s right to work details. You will need to have obtained some information from the job applicant first, including an “share code” showing you have their permission to perform the check. This is currently available for people who hold a biometric resident permit or card, or status issued under the EU settlement scheme. You will need to retain a copy of the online right to work check.

Please note these changes only apply to checks that you have made since 28th January 2019. Links to previous versions of the guidance are available within the body of the latest guidance.

WHY DO I NEED TO CHECK RIGHT TO WORK IN THE UK?

All employers have a responsibility to prevent illegal working. Illegal working is linked to modern slavery, tax evasion and other unlawful practices. You could face a fine of up to £20,000 or 2 years’ imprisonment for employing an illegal worker. Conducting the right checks provides you with a statutory defence if one of your workers turns out not to have the right to work in the UK.

DO I NEED TO CHECK RIGHT TO WORK FOR ALL JOB APPLICANTS OR JUST FOREIGN NATIONALS?

You should check right to work in UK for anyone you intend to employ before they start working for you. Focusing solely on conducting checks for people you think may be migrants could be discriminatory and you may be breaking the law. You should not make assumptions about someone’s right to work in the UK based on their appearance, accent or length of time living in the country. Make sure you protect your business by checking everyone’s right to work in the UK consistently.

HOW DO CONDUCT THE CHECKS?

Firstly, obtain original versions of one or more acceptable documents from the list. Secondly, check their validity (for example, check the documents are in date, that the names and date of birth match and is a true likeness of the holder – further tips are available in the guidance document). Thirdly, take and retain a clear copy of the document and sign and date the copy confirming that you have seen the original and have checked it is a true likeness of the job holder.

HOW DO I KNOW MY BUSINESS IS COMPLIANT?

Checking you have the right documents on file to prove eligibility to work in the UK is one of the aspects covered in our HR Health Check service. It gives you peace of mind that you are doing things right and support to make any corrections needed.

For further information, contact Kathryn Fairlie on 01249 701486 or Kathryn@krhrconsultancy.co.uk